Legal Standing Jurnal Ilmu Hukum
Latest Publications


TOTAL DOCUMENTS

119
(FIVE YEARS 95)

H-INDEX

1
(FIVE YEARS 1)

Published By Universitas Muhammadiyah Ponorogo

2580-3883, 2580-8656

2021 ◽  
Vol 5 (2) ◽  
pp. 71
Author(s):  
Risal Risal ◽  
La Ode Munawir

In the development of state administration after the second amendment to the 1945 Constitution of the Republic of Indonesia, it gave birth to Regional Heads who were elected democratically. In a democratic manner based on Law no. 23/2014, the regional head is elected directly by the people along with the deputy regional head. Regional Heads and Deputy Regional Heads carry out decentralized government affairs based on the powers they have as regulated in Article 65 and Article 66 of Law no. 23 of 2014 concerning Regional Government. This division of attribution authority is seen as one of the causes of conflict between the regional head and the deputy regional head in carrying out government affairs. Therefore, the division of authority for regional heads and deputy regional heads must be reviewed. In addition, the division of authority can also be done by way of delegation or mandate. The division of authority through delegation is stipulated by Regional Regulation (Article 13 Paragraph (2) letter b of Law No. 30 of 2014), while the distribution of authority through the mandate is stipulated by a Regional Head Decree (Article 66 Paragraph (2) of Law No. 23 of 2014).


2021 ◽  
Vol 5 (2) ◽  
pp. 57
Author(s):  
Prima Roza ◽  
Muhammad Hafizh Ramadhan ◽  
Fajar Ahmadi

Indonesia is rich in diversity. The socio-cultural diversity in Indonesia is relatively abundant. This can be a strength, but at the same time it can also create friction ad conflict in the society. Recently, the government issued a Joint Decree of 3 Ministers (SKB 3 Menteri) in response to the friction. This decree organize dress procedures in the learning process at schools. As a result of this implementation, various responses emerged from the Indonesian people, either agreement or disagreement. Part of the society that may be relevant to this policy are students. This article will study the perspectives of undergraduate students of Bandung Institute of Technology (ITB), especially of the School of Architecture, Planning and Policy Development’s (SAPPK) on the Joint Decree. This article uses quantitative and qualitative methods by distributing questionnaires and interviews to SAPPK’s students. From the results of this study,  the researchers are able to see the perspectives and the trends of SAPPK ITB Students towards the SKB 3 Ministerial Policy as a solution to social issues related to diversity. It is hoped that these results can be used as a reference for campus policy makers in overcoming the same problem.


2021 ◽  
Vol 5 (2) ◽  
pp. 47
Author(s):  
Sujud Sujud

Murder is an inhuman crime, where the perpetrator of the crime kills with the intention of being planned in advance because it will kill other people's lives for a specific purpose, this crime is a crime of enmity between individuals and groups so that the victim is helpless, so the police investigator reveals his identity. Carefulness is needed. The problems discussed are what are the factors causing the crime of murder and how are the efforts to overcome the crime of murder. The research method used is normative juridical research. Data collection is based on literature study, based on the results of the research that the author has done, the factors that cause murder are internal and external factors. Internal factors, namely internal factors, and external factors, namely economic, environmental, and family factors. Efforts to tackle the crime of murder, namely penal and non-penal measures, are efforts to reduce the space for movement and opportunities for the committing of crimes. The suggestion in this research is that there is a need for cooperation between legal institutions and the government through police and military officers to prevent and cope with future premeditated murder, prosecutors and judges are requested to be able to prosecute and impose the maximum possible punishment on the perpetrators of the murder guided by the Criminal Code.


2021 ◽  
Vol 5 (2) ◽  
pp. 38
Author(s):  
M. Endriyo Susilo ◽  
Wagiman Wagiman

The crime of money laundering is very detrimental to the public at large, because the crime will also be followed by other crimes, corruption, terrorism and drugs. The purpose of this research is to discuss the extent to which the Bank is involved in the money laundering process, so the researcher takes the theme Bank Secrets as part of the money laundering process. The method used is literature study with descriptive, exploratory, and analytical approaches. It can be concluded that, Bank Secrecy is everything related to information regarding depositors and deposits where the principle of bank secrecy aims to protect customers. Bank is a financial institution that runs its business based on the trust of its customers so that banks are required to be able to maintain the confidentiality of all data and information related to their customers, including information on financial transactions carried out by their customers. It is recommended that the bank should apply the Know Your Customer “Know Your Customer principle” properly accompanied by an adequate reporting system. If there is a suspicious flow of funds, it can work with related parties (PPATK, KPK and the Police) so that money laundering can be prevented as early as possible.


2021 ◽  
Vol 5 (2) ◽  
pp. 21
Author(s):  
Muhammad Faizal Akbar Laksmana

The development of the shoe industry in Indonesia today raises new problems where the similarity of shoe designs between several brands is a new problem that arises. The shoe industry design rights holders which should be highly protected have not fully received strong legal protection and there are no regulations that discuss in detail about design imitation. This writing uses a comparative method, namely the author compares with the United States that has protected industrial design rights holders since 1989 and has proven successful in protecting industrial design rights holders, therefore this comparison is important so that regulations on industrial design rights in Indonesia can benefit rights holders. 


2021 ◽  
Vol 5 (2) ◽  
pp. 8
Author(s):  
Ruli Sahrul Mucarom

Meluasnya wabah Covid 19 menimbulkan berbagai macam efek terhadap tatanan kehidupan bermasyarakat, terutama sektor ekonomi yang paling besar terkena imbasnya. Hal ini terjadi seiring dengan pemberlakukan berbagai macam regulasi yang mengakibatkan pembatasan besar-besaran mobilitas manusia maupun kegiatan-kegiatan perkonomian yang mengakibatkan banyaknya orang berkumpul dibatasi, penjual-penjual bahan pokok tutup, dan lain-lain.  Penelitian ini menjelaskan tentang pelaksanaan PSBB dan lockdown di Provinsi Banten. Penelitian ini akan mengkaji secara detail mengenai upaya pemerintah dalam meredam Covid 19, akan tetapi dengan tidak mengindahkan aspek ekonomi sebagai salah satu pilar ketahanan pangan masyarakat Banten. Tujuan yang ingin dicapai dari penelitian ini adalah agar dapat diketahui dampak positif dan dampak negatif dari kebijakan PSBB dan lock down baik masyarakat ekonomi menengah ke bawah maupun masyarakat ekonomi menengah ke atas di daerah Banten.


2021 ◽  
Vol 5 (2) ◽  
pp. 1
Author(s):  
Fathul Muin Muin

Dalam perkembangan ketatanegaraan pasca amandemen terhadap Undang-Undang Dasar NRI 1945, melahirkan lembaga-lembaga yang baru sebagai amanat dari konstitusi. Keberadaan DPD RI dalam pasal 22C UUD NRI 1945 merupakan bagain dari kelembagaan parlemen di Indonesia, tetapi Pasal 22D Ayat (3) UUD NRI Tahun 1945 bahwa hasil pengawasan DPD RI menjadi bahan pertimbangan DPR RI. Hal ini yang menjadi ketidakseimbangan kedudukan lembaga Negara di parlemen Indonesia. selain itu penafsiran terhadap pengawasan yang dimiliki DPD hanya terbatas memberikan pertimbangan. Sehingga pasal 249 ayat (1) huruf j Undang-Undang Nomor 2 Tahun 2018 tentang Perubahan Kedua Atas Undang-Undang Nomor 17 Tahun 2014 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, dan Dewan Perwakilan Rakyat Daera hdalam rangka pengawasan perda oleh DPD RI hanya sebatas dalam bentuk rekomendasi. Sehingga kewenangan yang di miliki oleh DPD RI menjadi sub kewenangan DPR RI.


2021 ◽  
Vol 5 (1) ◽  
pp. 113
Author(s):  
Suwirno Suwirno

To prove in an examination and action after the occurrence of a criminal case, what needs to be given in the evidence is the stage to prove the process of how to prove whether the person is right or wrong in a criminal case and also for a trial in court, forensics in the police is someone who has mastered an expert in the field is according to article 7 paragraph 1 letter a and article 120 paragraph 1 of the Criminal Procedure Code to detect and search for data at the scene of the case using the SCI method. this is necessary so that there is certainty in the identification process in order to find evidence so that it can be used as quality assurance and quality control quality control which of course in its implementation in the field will have a very significant role in the process to provide certainty and also create confidence in judges to determine the decision in the judicial process because the evidence can be said to be valid and cannot be denied because it has followed the basic principles of the science. and the obstacles faced by investigators in the field of course occur a lot, especially in the case of al-alaq evidence of examination which is very much needed, namely the existence of a forensic lab that can be accessed quickly due to the distance in an area that might occur so that the investigation is operational. also become obstructed and there are less than optimal deficiencies of the facilities and infrastructure that are owned and needed in the field.


2021 ◽  
Vol 5 (1) ◽  
pp. 104
Author(s):  
Aceng Asnawi Rohani ◽  
Anne Gunawati ◽  
Agus Prihartono PS

The government enforces various kinds of regulations in providing protection to the public, one of which is through the Financial Services Authority (OJK) by issuing POJK Number 11 / POJK.03 / 2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Coronavirus Disease 2019. This regulates the implementation of the relaxation policy. against debtors affected by the new Corona Virus or Covid-19 outbreak. The restructuring carried out by the financing institution is carried out in accordance with the guidelines issued by the OJK based on POJK Number 11 / POJK.03 / 2020. However, the implementation is left to the policies of each financing institution, the relief scheme may vary, among others, in the form of lowering interest rates, adjusting principal or interest installments, extension of time or other matters determined by the bank or financing institution. This regulation does not regulate sanctions against banks / financing companies that do not provide restructuring / relaxation programs for debtor customers, because they are not coercive, the language used in this POJK is "can" not "must".


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Visi Jiwa Tajaswari ◽  
Anom Wahyu Asmorojati

This writing aims to determine the form of Government accountability to KPPS who died in the implementation of the 2019 General Election based on Law No. 7 of 2017 concerning Elections, and aims to determine the form of legal protection for KPPS officers assigned to the 2019 Election based on Law No. 7 of 2017 concerning Elections. The type of research used in the preparation of this paper is a normative legal research method, this research is only aimed at written regulations so that this research is closely related to libraries that require secondary data in the library. The data collection method used in the preparation of this paper is the literature study method, the data analysis carried out in the preparation of this paper is a qualitative descriptive method which aims to reveal events or facts, circumstances, phenomena, variables and circumstances that occurred during the research by presenting what actually happened. The results of this study are a form of government accountability to KPPS officers who died in the 2019 Election in the form of compensation worth 36 million rupiah, this compensation is given to the families of victims who have been left behind. This proposal regarding the nominal compensation money is proposed by the KPU and approved by the Ministry of Finance. The compensation is given directly by the Ministry of Finance to be submitted through the KPU and also BAWASLU as the party with the authority to hand over the compensation to the victim's family. Legal protection for KPPS which is assigned to hold the 2019 Election, namely, is stated in the 1945 Constitution Article 28D paragraph (1) regarding equality before the law to obtain protection without discrimination.


Sign in / Sign up

Export Citation Format

Share Document